- 1 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 16340 OF 2022 (GM-RES) BETWEEN: SMT PUSHPAVATHI B W/O LATE KESHAVA MURTHY AGED ABOUT 40 YEARS R/O MAGADI MAIN ROAD TAVAREKERE, BEGUR HOBLI BENGALURU SOUTH (RURAL)- 562130. …PETITIONER (BY SRI. S. NATARAJA SHARMA, ADVOCATE) AND: 1. ALTUM CREDO HOME FINANCE LTD REG OFFICE AT NO.801, 8TH FLOOR, DERON HEIGHTS OPP MAHABALESHWAR HOTEL BANER MAIN ROAD ABOVE RANAKA JEWELLERS BANER PUNE MAHARASHTRA- 411 045. 2. RAJIV GANDHI GRAMINA VASATHI NIGAMA NIYAMITA 4TH FLOOR KAVERI BHAVAN KHB COMPLEX, KG ROAD BENGALURU- 560 009 REP BY ITS MANAGING DIRECTOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 3. TAVEREKERE GRAMA PANCHAYAT TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU- 562 130 REP BY ITS PDO/SECRETARY 4. SMT LAKSHMI K R/AT RAJA BEEDI 1ST CROSS, MAGADI MAIN ROAD TAVAREKERE, BENGLAURU SOUTH- 562 130. 5. NAGARAJA B R/AT RAJA BEEDI 1ST CROSS, MAGADI MAIN ROAD TAVAREKERE, BENGALURU SOUTH- 562 130. …RESPONDENTS (BY SRI. SURESH V., ADVOCATE FOR R1; SRI. A.C.BALARAJ, ADVOCATE FOR R4 AND R5; SRI. M.S.DEVARAJ, ADVOCATE FOR R3; SMT. M.S.DEVARAJ, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO NOT TO IMPLEMENT THE ORDER PASSED BY THE HONBLE CHIEF JUDICIAL MAGISTRATE BENGALURU RURAL DISTRICT, BENGALURU IN CRL.MISC.NO.679/2022, VIDE ANNX-J DATED. 02.07.2022., AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER The petitioner is before this Court seeking the following reliefs:- "(i) Issue a Writ of Mandamus, directing the 1 Respondent to not to implement the order passed by the Hon'ble Chief Judicial Magistrate Bengaluru Rural district, Bengaluru, in Crl. Misc No. 679/2022. vide Annexure - J dated 2-07-2022. in the interest of justice and equity. (ii) Issue a Writ of mandamus directing the 2nd Respondent to protect the interest of the petitioner as the site and House building was allotted and constructed by the 2nd Respondent as per vide Annexure C. dated 16-02-2017, in the interest of justice and equity. (iii) Issue a Writ of mandamus directing the 1st Respondent not to use the coercive step in taking the physical possession of the property, by throwing petitioner and her family on the streets, in the interest of justice and equity. - 4 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 (iv) Grant any other relief that this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of equity and justice." 2. The learned counsel for the petitioner reiterating the averments and the grounds of the petition submits that the respondent No.1 has initiated the proceedings under the Provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short `SARFAESI Act, 2002') by alleging that the petitioner has availed financial assistance which is false and incorrect. He submitted the property over which the respondent no. 1 purportedly lent the money was allotted to the petitioner under Basava Vasati Yojane Scheme. As such there was no occasion for the petitioner to avail financial assistance. 3. The petitioner's counsel upon instruction by the brother of the petitioner who is personally present before this court submitted that, certain amounts have been deposited by the respondent-Bank pursuant to the interim order passed by this Court. 4. Be that as it is. Since the dispute raised is pertaining to the issue arising out of the proceedings initiated - 5 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 by the respondent no. 1 under the provisions of SARFAESI Act, 2002, there is efficacious alternative remedy under Section 17 of SARFAESI Act, 2002 is provided. Petitioner if being aggrieved, is at liberty to avail such remedy by constituting appropriate proceeding as provided there under. 5. At this juncture, the learned counsel for the petitioner submits that the amount deposited before respondent no. 1-Bank may be directed to be kept in the interest accruing deposit until disposal of the application to be filed before the Debts Recovery Tribunal. Submission is taken on record. Accordingly, the following: ORDER i) The writ petition is disposed of reserving liberty to the petitioner to avail such remedy as may be available and permissible under the provisions of SARFAESI Act, 2002. ii) Such an application, if so advised is to be filed within a period of 30 days from the date of receipt of certified copy of this Order. - 6 - HC-KAR NC: 2026:KHC:18 WP No. 16340 of 2022 iii) It is made clear that, amount if any deposited by the petitioner before the respondent no. 1-Bank shall be kept in the interest accruing account and the same shall be released or appropriated, as the case may be, subject to outcome of the application to be filed as directed above. (iv) The respondent no.1-Bank shall not precipitate the matter for a period of 60 days. Sd/- (M.G.S. KAMAL) JUDGE HR